Clause 36

if the offender is an individual —

to a fine not exceeding —

in the case of an offence under section 18(3), 19(10), 20(2) or 21(11), or an offence under section 32(8) if the offender is a person mentioned in section 32(2)(a), the higher of the following amounts:

in any other case, $500,000; or

to imprisonment for a term not exceeding 3 years,or to both and, in the case of a continuing offence, to a further fine not exceeding $50,000 for every day or part of a day during which the offence continues after conviction; or

if the offender is not an individual, to a fine not exceeding —

in the case of an offence under section 18(3), 19(10), 20(2) or 21(11), or an offence under section 32(8) if the offender is a person mentioned in section 32(2)(a), the higher of the following amounts:

the transaction value;

$1 million; or

in any other case, the higher of the following amounts:

10% of the annual turnover of the offender’s business;

$1 million,and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.

the transaction value is —

in the case of an offence under section 18(3) — if the offender became a Level A controller of a designated entity by acquiring any equity interest or voting power in any entity — the value of the consideration for that acquisition;

in the case of an offence under section 19(10) —

the value of the consideration for the acquisition of any equity interests or voting power in any entity by which the offender became a Level B controller, Level C controller, Level D controller or indirect controller of a designated entity;

the value of the consideration for the transfer or disposal of any equity interests or voting power in any entity by which the offender ceased to be a Level Y controller or Level Z controller of a designated entity; or

the value of the consideration for the acquisition by the offender of the business or undertaking, or the part of the business or undertaking, as a going concern;

in the case of an offence under section 20(2) —

the value of the consideration for the acquisition of any equity interests or voting power in any entity by which a person became a Level A controller, Level B controller, Level C controller, Level D controller or indirect controller of the relevant designated entity;

the value of the consideration for the transfer or disposal of any equity interests or voting power in any entity by which a person ceased to be a Level Y controller or Level Z controller of the relevant designated entity; or

the value of the consideration for the acquisition of the business or undertaking, or part of the business or undertaking, of the relevant designated entity acquired by a person;

in the case of an offence under section 21(11) — if the offender is a party to the transaction to which the validation notice relates (being an acquisition, transfer or disposal mentioned in sub‑paragraph (ii)(A), (B) or (C)) — the value of that transaction determined in the manner set out in sub‑paragraph (ii)(A), (B) or (C); or

in the case of an offence under section 32(8) — if the offender is the person mentioned in section 32(2)(a), the value of the consideration for the acquisition or disposal mentioned in section 32(2)(a)(i), (ii), (iii), (iv) or (vi); and

the annual turnover of a person’s business is ascertained from the person’s latest audited accounts.